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Travelling to Billings..

Hi I'm traveling by car from Albuquerque, NM to Billings, MT. Here in Albuquerque, my vehicle is considered to be an extension of my home, allowing me to carry my weapon 100% concealed without a license, locked and loaded with a round in the chamber if I so desire.

I keep my pistol in the dashboard behind my steering wheel.

What are the laws in Montana? Am I allowed to carry openly with my pistol loaded? Say at a Gas Station off the highway?

NavyLCDR

Originally Posted by NavyLCDR

You can carry the gun loaded inside or outside your vehicle in any manner except concealed on your person in Montana without a permit. Concealed anywhere in the vehicle is legal so long as it is not on your person. Openly carried on your person is legal. Openly transported is legal.

NavyLCDR

QUOTE=NavyLCDR;1558938]Who is "they?"

http://www.law.cornell.edu/uscode/18...2----000-.html
18 USC 922 (q)(2)(B)(ii):
Notice in the bolded part above only the words "the State" are used. It's not "a state" or "any state" it is "the State." The same paragraph itself defines "the State" as "the State in which the school zone is located."

If the school zone is located in "the State" of Montana, then law enforcement authorities of "the State" of Montana must verify that the individual is qualified under law to receive the license and they must be licensed to carry a firearm by "the State" of Montana. Mr. Marbut can argue all he wants to, but the law is pretty dang clear.

45-8-360. Establishment of individual licensure. In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.

45-3-111. Openly carrying weapon -- display -- exemption. (1) Any person who is not otherwise prohibited from doing so by federal or state law may openly carry a weapon and may communicate to another person the fact that the person has a weapon.
(2) If a person reasonably believes that the person or another person is threatened with bodily harm, the person may warn or threaten the use of force, including deadly force, against the aggressor, including drawing or presenting a weapon.
(3) This section does not limit the authority of the board of regents or other postsecondary institutions to regulate the carrying of weapons, as defined in 45-8-361(5)(b), on their campuses.

NOTE: Concealed Weapons Permits in Montana are only required "inside" of incorporated city / town.

The good news is that Montana essentially has done an end run around the Federal "Gun Free Zone School Zones Act of 1990" by the inclusion of this little gem in the MCA:

"45-8-360. Establishment of individual licensure. In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act."

Basically the Federal Act said something about no guns within 1,000 feet of a school unless individually licensed by the State within which the school is located. MCA 45-8-360 effectively says that if you can own a gun legally, you have an individual license within the borders of Montana.

Montana has a history of thumbing its collective nose at the Feds. The now defunct 55 mph. speed limit was another such example.

Basically the Federal Act said something about no guns within 1,000 feet of a school unless individually licensed by the State within which the school is located. MCA 45-8-360 effectively says that if you can own a gun legally, you have an individual license within the borders of Montana.

Yes, Montana passed a law claiming that all people are "individually licensed." This law in no way satisfies the requirements in Title 18 USC 922(q) known as the Federal Gun Free School Zones Act of 1995. Montana can pass any law it wants to, but it can't invalidate federal law and their good intentioned effort wont protect you when you are facing federal charges in a federal court. You are not exempt from Federal GFSZA95 while you are in Montana unless you have a permit physically issued by the State of Montana.

I assume you are traveling through CO, otherwise how the hell are you getting to MT???? As you may already know, carry in the car loaded or not, open or concealed, is lawful everywhere in Colorado. Just don't OC in Denver County; any place else is also lawful.

"For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

Yes, Montana passed a law claiming that all people are "individually licensed." This law in no way satisfies the requirements in Title 18 USC 922(q) known as the Federal Gun Free School Zones Act of 1995.

The crux is a State's Rights issue.
The MT law may not satisfy the requirements of title 18 USC 922(q), but it depends on which side of the fence you fall on and whether you want to be the legal guinea pig to find out!

Originally Posted by Eagle2009

Montana can pass any law it wants to, but it can't invalidate federal law and their good intentioned effort wont protect you when you are facing federal charges in a federal court.

Hasn't been tried yet. I would like to think (but doubt) that the State of Montana would interpose on my behalf if I were facing such charges.

Originally Posted by Eagle2009

You are not exempt from Federal GFSZA95 while you are in Montana unless you have a permit physically issued by the State of Montana.

You aren't exempt, but it all depends on the level of risk you want to take whether the State will protect you or not.

The Feds (namely Donald Malloy) "striking down" the Montana Firearms Freedom Act, and the current Marijuana snafu are also examples where Fed law and State law do not agree.